37 CFR § 11.107 — Conflict of interest; Current (MPEP Coverage Index) – BlueIron IP
37 CFR § 11.107 Conflict of interest; Current
Source: Patent Rule (37 CFR)BlueIron Update:
This page consolidates MPEP guidance interpreting 37 CFR § 11.107, including 0 rules from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.
Official MPEP § 11.107 — Conflict of interest; Current
Source: USPTOLast Modified: 10/30/2024 08:50:22
11.107 Conflict of interest; Current clients.
- (a) Except as provided in paragraph (b) of
this section, a practitioner shall not represent a client if the
representation involves a concurrent conflict of interest. A
concurrent conflict of interest exists if:
- (1) The representation of one client will be directly adverse to another client; or
- (2) There is a significant risk that the representation of one or more clients will be materially limited by the practitioner’s responsibilities to another client, a former client or a third person or by a personal interest of the practitioner.
- (b) Notwithstanding the existence of a
concurrent conflict of interest under paragraph (a) of this
section, a practitioner may represent a client if:
- (1) The practitioner reasonably believes that the practitioner will be able to provide competent and diligent representation to each affected client;
- (2) The representation is not prohibited by law;
- (3) The representation does not involve the assertion of a claim by one client against another client represented by the practitioner in the same litigation or other proceeding before a tribunal; and
- (4) Each affected client gives informed consent, confirmed in writing.
[Added 78 FR 20180, Apr. 3, 2013, effective May 3, 2013]